The 2001 Census on population put an official seal on India’s claim of crossing one billion mark and thereby becoming the world’s largest democracy. This was one of many landmarks that India had achieved in course of last fifty years such as launching rocket in the space; joined the atomic power club (the first test was done at Pokharan deserts on May 11, 1974) and that of nuclear power in 1998; possessing largest stock of skilled manpower; and so on. However, the mass poverty, illiteracy and unemployment have remained three of its most pressing problems. These were the problems that the Government of India [GOI] through its First Five Year Plan (1951-56) document vowed to eradicate in a given time frame.
A poor can be defined as a person who is deprived of basic human needs that are essential for his/her well being. The term is also used to define the poverty line. As perception about what constitutes the basic needs differ there are varied concepts used to define the poverty line. The GOI has equated the poverty with lack of access to food, nutrition, clothing, shelter, water and basic education and has used ‘food deprivation’ to separate the poor from non-poor [Planning Commission, 1993]. However, the UNDP terming the GOI’s definition as narrow has widen the scope by including deprivation in terms of creativity, freedom, dignity, self esteem and respect for others. [UNDP1997].

In value terms the poverty line in India is defined as monthly per capita expenditure which enables a person to consume the minimum calorific requirements of 2,400 kilo calories per day for rural areas and 2,100 kilo calories per day for urban area. It was fixed in 1973-74 at Rs 49.09 and Rs 56.60 per capita per month for rural and urban areas respectively. The poverty line for the year 1993-94 was fixed at Rs 229 and Rs 264 per capita per month for rural and urban areas respectively. The size of population below poverty line was put at 54.9 per cent in 1973-74, which marginally came down to 51.3% by 1977-78. Since then the percentage of people living below the poverty line has been continuously falling. However, it is not so in the case of actual number. For example, the Planning Commission’s Expert Group on the Estimation of the Proportion and Number of Poor revealed in the first two years of the reforms, the number of people below poverty line has, infact, increased by 30 million. The Expert group further claimed that by 1994 nearly 320 million people were living below the poverty line.

The data thus do not tell the full story. There is no dispute that over the years the percentage of people below the poverty line has declined but it is also true that the number of people below the poverty line has remained unchanged, if not increased. (IDR 2002) An examination of the structure of poverty in India show that it is predominantly rural in character and has become more so during the post reform period. [A. Sen 1996, Srinivasan 2002]. The landless labourers, the self-employed rural household, the marginal farmers and the female-headed households are facing worst form of economic deprivation.

The employment scenario continues to be dominated by the agriculture sector. It is not only the largest single employer of the workforce but also is the highest contributor to the national gross domestic product. On further examination of the rural economic scenario one comes across issues of mass disguised unemployment. The insufficient growth of the non-agricultural sector as also decline of traditional industries have created conditions wherein a rural worker is left with no alternative but to enter the labour market, which is any case unregulated. Various studies have shown that the unregulated market [both rural and urban] accounts for as much as 92 per cent of the total workforce. Incidentally, this is the section of population that remains untouched by the provisions of over 200 labour legislations. Resultantly, they face worst kind of exploitation both at the place of work as also residence. The surplus labour force in the background of a stagnant subsistent agriculture sector has kept the wages [either in the form of kind or cash]. The social exploitation and exclusions faced at the hands of community at large too have been making difficult the lives of an average rural workers.

Natural calamities, frequent failure of crops, political / religious riots, etc. too have added fuel to the fire of exploitation, in particular to the families belonging to backward classes. To save themselves from the exploitative forces and lured by the attraction of urban lives labourers have been migrating to the cities in search of jobs. The statistics on migration show that majority of the migrants in the cities have come from states such as Andhra Pradesh, Bihar, Jharkhand, Tamil Nadu, North-Eastern states, etc. Incidentally these are the states which accounts for mass poverty, high level of illiteracy, etc. Further, since they did not posses any marketable skills they got themselves absorbed in works such as head load workers, cleaners, sweepers, in-house helpers, etc. Even in the cities these workers live in slum under most unhygienic living conditions.

The insufficient generation of employment opportunities is another problems being faced by India since independence. By 1992-93 the backlog of unemployment has reached to 8.02 per cent of the workshop [240 lakhs]. By March 1995 the same had increased to 8.95 % of 279 lakh. [Alternative Economic Survey, 1994-5]. The 50th Round of NSSO also confirmed decline in women’s paid employment between1983 and 1993-4 from 28.4 to 23.4 per cent for rural and 13.8 to 12.1 per cent for urban women.

In the post independence period, there has been some changes in the nature and form of workers engaged in household affairs. In the rural India with agriculture as main industry, the work with in the house remained the domain of the female members of agricultural workers. The caste continues to decide as to who would work in the kitchen. Lower castes female were generally given the cleaning work and that too outside the house.

On gaining independence in 1947, the government of India announced industrial policy which was modified in 1951. The policy while developing the manufacturing sector aimed at much needed employment opportunities, particularly for the educated workers. Subsequent development and employment opportunities in cities caused migration of skilled workers to cities and new industrial centres leading to concentration of people in cities such as Calcutta, Bombay, Madras, Ahmedabad and so on. By 2001 Census as many as 30.5 per cent of Indian population were living in the urban areas. To cater for the demands of increasing population in cities, institutions such as hospitals, schools, shops, restaurants, etc. came up. This in turn created more employment opportunities and demand for existing as also new consumable and durable products.

The government focus on female on education also started putting pressure on female educated workforce entry into labour market. The data from 1991 on wards indicate a trend towards increasing participation of women educated workforce in labour market. This trend is supported by date on entry of female student in traditional and professional colleges; increasing degree of success during UPSC and SPSCs examinations; entry of women in defence / police services; etc. According to the following table compiled from various Census data the proportion of economically active female had increased to 89.9 million in 1991 from 40.4 million in 1951 indicating increased female entry into the labour market.

The employment of the educated female workforce left them with little time and energy to undertake the household affairs as such demand for domestic help from outside arouse. The domestic help are services rendered by persons to ease the domestic workload of the female members of the family. The works undertaken by these persons includes dish / cloth washing, cocking, house cleaning and dusting, baby sitting, cloth ironing, etc. Generally, works such as gardening, driving, etc. were part of their work, although they could be asked to undertake the same if the situation so arises.

The domestic workers [DW] in the cities thus emerged to meet the demands of working families. The demand for DW was initially met from the vast unemployed workforce in the cities. However, when the demand for the DW exceeded the supply additional workforce came from nearby areas.

There is no universally accepted definition of “Domestic Workers”. A national study on domestic workers of CBCI’s Commission on Justice, Development and Peace defines a domestic worker as a person who is employed to do household chores on temporary or permanent basis; on part-time or full-time basis for hire or reward, whether terms of employment are expressed or implied. It doesn’t include works like gardening, driving, dairy or poultry work.” It also does not include the household works undertaken by the wife or other members of the family. As such an individual engaged to undertake works such as washing and cleaning utensils, washing cloths, sweeping and cleaning the house, cocking, etc. and receives payments [ in cash or kind or both] for services rendered could be defined as a “Domestic Worker”.

There exist no authentic data on the size of domestic workers. However seeing the rapidly expanding size of urban population [about 350 million by 2001 Census] the likely size of domestic workers could be some where at 25 million. However, the National Domestic Workers Movement [NDWM] put the figure at 15 million [S. Grumiau 2002] while the GOI placed the same at 12.5 millions in 1995. Girls make up 90 per cent of the domestic workers and many of the workers are below the age of 14 years. According to a national survey about 55 % of the domestic workers in Delhi are male while in the case of Mumbai male constitute only 10 per cent.


Legal Status:

The need for grating legal protection to domestic workers was felt as early as in 1959 when a bill entitled the Domestic Workers (Condition of Services) Bill was introduced but it is yet to become an Act. As such the domestic workers have no legal status in the eyes of the law. They do not come under the purview of the Industrial Dispute Act nor are eligible for securing benefits under the Maternity benefits Act, the Workmen Compensation Act, the Equal Remuneration Act. They are not covered even by the Minimum Wage Act as domestic work is not a schedule employment. As such the employers are not bound by any minimum requirements for employing a domestic worker. Consequently, there is no fixed timing nor is there any fixed rate of wages. It differs with time and geographical location.

A landmark judgement by Supreme Court delivered on September 30, 2002 has declared that the domestic workers are not “Workmen”. The immediate reification of this judgement is that a domestic worker cannot approach a Labour Court to seek justice against excesses of the employer.


Type of Domestic Worker:

Full-Time or Part-Time: The full time DW could either be living with the employer in his/her dwelling or be there for the day and returning to his/her house after the days work, usually of 10 hours. Under both cases the DW is asked to undertake multiple functions, both inside and outside the house. They could also be single job DW, e.g. cock. Those staying with the employer are considered to be on call for 24 hours a day. Only in rare cases the family members of DW is allowed to live-in. The discipline of employer’s household is made applicable to the DW section of dwelling also. Members [usually children] of DW family and those of employer’s intermingle

The part-time DWs are engaged for either specific or multiple functions for a defined period per day. Such DWs have more than two household employers at a time. Normally after completing the morning shift they return to their houses to take care of their own domestic affaires. There after they return for the evening shift. [P. Raghuram 2001] Meal is not part of the deal but could be offered at times. Other members of DW’s family normally do not come in contact with those of the employers.

Single or multi Functions: The DW could be engaged for a single function, e.g. cock, house cleaner, dishwasher, baby / old person attendant, etc. In the case of single function employment, there is classification of jobs that are to undertaken by either male or female workers. Part–time DW are usually single function workers while the full-time are multiple functions workers


Nature of Employment:

The employment relation is normally of informal /unwritten nature and is based on the recommendations of either the employer’s friends or existing workers. The person recommending a likely worker also stands as guarantor. At the time of entering into employer-employee relationship terms are agreed upon and are respected till the time the relationship is cordial. The employment relationship however could be terminated by either of the parties even without giving any notice. The notion of notice is flouted by, both, employer and worker by creating an uneasy situation. As such there always exist a sense of uncertainty in the minds of both employer and domestic worker. When the relationship turns sour, the employer may decide to withhold all the agreed benefits and the domestic worker has no remedy to this effect.

The domestic work in the urban areas used to be the domain of the male workers since they could work both inside and outside the house. They could also be utilised for accompanying the family members [usually young girls] to outside house visits. Another factor that went against the female domestic workers was the social problems, such as visit by male friends of the worker. However, the influence of city life led to preference for non-domestic works by male workers. New employment avenues due to ongoing development activities also raised the level of wages being demanded by the male workers. Consequently, the preferences for female workers who were not only more submissive but were also willing to work at lower wages. The male counter part [either husband or father or brother] did not object to payment of lower wages since it was seen as additional income and more decent than working at the construction site. The increase cases of murder and thefts also went against the male domestic workers. A national survey of the city of Mumbai show that almost 90 percent of the domestic workers is female. In the case of Delhi the share of female worker is currently at 45 per cent.


Employer – Worker Relationship

Legally non-enforceable: As there is no formal contract of employment, the employment relation between the domestic worker and his/her employer is of informal nature. Resultantly, there are no basis on which the terms and conditions of employment are decided but supply and demand. It is also due to this reason that causes lack of enforceability of the provisions of any agreement between the two parties. In a recent judgement, the Supreme Court has held that the domestic worker is not a “Workmen” as such the Workmen Compensation Act does not apply to it so also the Industrial Disputes Act.

Rude & Threatening Employer: A domestic worker is always at the receiving end due to one-sided employment relationship. Be it the timing or the leave [even on the ground of sickness] or wage raise, the worker is faced with rigid and rude employer. The threat of the termination of service is more than often repeated by both the parties [and many a time not meaning it]. Further the concept of trust is missing at many places more so in a joint family and in families having non-working members. The accusing finger is always directed at the domestic workers in case of a theft, breakage, etc.

Sandwiched between authorities: In almost all the houses there are more than one centre of power, be it husband and wife, or one male against other or bahu and mother-in-law or bahu and sister-in-law, etc. The burnt of confusion in any relationship falls on the domestic workers as she not only turns as a channel of communication but also a media to express anger against the other member (s) of the family. The push and pull power game so develops make the job of the domestic worker difficult and delicate.


Reasons for taking up Work:

Economic Reasons: The poverty is one of the primary reasons for one to enter in a labour market, more so in the case of female members. The poor economic condition of the family could be result of one or more reasons such as unemployed adult members, alcoholic father or brother, sickness, etc. Since the income of the family is insufficient to meet its basic needs, other members of family enter the labour market to supplement the family income. Consequently, one finds that most of the domestic workers are female members of casual factory workers, rickshaw-pullers, street vendors, drives, gardeners, mechanics, lower class employees of the government, etc. In an environment of increasing cost of living, they find their stagnant income grossly insufficient to pay for even most essential needs of the family.

Single Earner Family: Many of the domestic worker come from single earner family as such they are the main and only bread earner of their family. The widows, the divorcees, the deserted women in the back ground on non-supporting family and negligible state assistance/care are force to enter in the labour market to lead a decent life for themselves and for their dependents. To this one could add those affected by political / religious riots, and migrant workers. Many of these women come from a fairly respected family background where they may themselves have engaged one or more domestic workers.

Safe Work Environment: The house is one of the relatively safest work environment for a female worker. In most of the families the male members leave the house in the morning for work and return late in the evening. As such the house has presence of only women. The female domestic worker thus feels safe in an all women environment. The work too is not as strenuous as the loading and unloading, construction site work, etc.

Non-marketable skills: Almost all the workers entering in the domestic work labour market do not possess any skill other than the ones they were doing while staying in their houses. The household work thus is an area where the female workers find themselves suitable-for. It is also an area where the female feels confident of having capacity to improve her skills to meet the employers’ tastes and standards.

Flexible working hours: One of the important advantages of the domestic work is the flexibility of working hours. This enables the worker to remain in control of her own household responsibilities. It also enables her to meet the basic education and other needs of her children as also social responsibilities of the extended family.

Attitude towards Work & Employers:

The domestic workers like themselves as economically active as family member see them with respect. Their moving out from the four walls of the house to enter in the labour market has also widened their horizon. The realisation of enhanced status has made them more confident, assertive and vocal.

They are however disheartened by the condition of work and the casual nature of employment relation. They don’t like the fact that their contribution as also their status as work is not recognised. An average employer treats them indifferently with negligible status. The nonworking employers are the worst offenders, as they remain perpetually unsatisfied with the services. The family wherein both members are working provides most respectable and favourable work environment.

The rewards are un-comparable. In the absence of any legislative coverage the market supply, not the skill, decides the wage rates. The wages paid are far lower then the minimum wages. Any increment in wage is at the mercy of the employer. Their informal status as also unorganised nature stands in their way of getting what are due to them. The case of Bangalore Domestic Workers Union has proved that collective efforts have more chances of being success in achieving the set goals.


Empowering the Domestic Workers:

The road ahead is difficult but not impossible. The opposing forces are mighty and strong. To face the challenges, the domestic workers will have to take measures to bring themselves under some form of organisation. There are many initiatives in this regard. For example trade unions like Hind Mazdoor Sabha, Centre for Indian Trade Unions, Self Employed Women's’ Association, etc. are undertaking organisational work among domestic workers. So also is the case with NGOs such as the Women Voice [Bangalore], Domestic Workers Movement [Mumbai], Woking Women Forum [Tamil Nadu], etc. The organisations are doing remarkable work in their respective geographical location. In policy matters, however, their voice in not heard. The individual organisations will have to develop a network that would turn them into a unified movement. It is only through the strength of number that the domestic worker hopes to secure what is due to them.

The National Domestic Workers Movement [NDWM] is an important initiative in this direction. It began in 1985 to address the concerns of the domestic workers. The NDWM emphasises that all the domestic workers has dignity, as it indirectly participate in the production process and contributes to the quality of life; it stands for the personal dignity of each domestic workers; it gives priority to the empowerment of the domestic workers; and works towards obtaining rights and justice for the domestic workers.

It is also important to access one’s capacity and capability as on that would depends level of success in achieving goals. It is therefore imperative that the organisation of domestic workers identify and priorities their goals. To start with one could think of working towards inclusion of domestic workers in the schedule of the Minimum Wages. Another goal could be issue of Identity Card to each and every domestic worker. The document will prove as moral booster by giving official stamp to the domestic workers status. The National Centre of Labour [NCL] based in Bangalore is another federation of organisations functional among the informal workers. The domestic workers also fall within the framework of its activities. Currently it is taking up issues relating to payment of minimum wages; extension of minimum level of social security; and adoption of an umbrella legislation in the lines with the recommendations of the 2nd National Commission of Labour of the Government of India. The National Centre of Labour [NCL] based in Bangalore is another federation of organisations functional among the informal workers. The domestic worker also falls within the framework of its activities. Currently it is taking up issues relating to payment of minimum wages; extension of minimum level of social security; and adoption of an umbrella legislation in the lines with the recommendations of the 2nd National Commission of Labour of the Government of India.

Finally, skill development is an indispensable determinant of not only wages but also employability. Additional skills acquired, through on the job training or through formal training, has positive influence on the status of the domestic workers. Sister Kranti Shitole, Chairperson of Mahila Udyojakata Sangha, [Pune]-an association of women entrepreneurs- says that the need for housekeepers, as such training for acquiring additional skills ahs become important to increase one’s employability. The Sangha has so far training about 300 domestic workers in areas such as handling home appliances, house guest relationship, kitchen management, basic first aid, telephone etiquette, child/ senior citizen care, etc. This had not only increase their employability but also wages as their employer are willing to pay any thing between Rs 1,500/- to Rs 2,500/- per month. Similar has been the experience of the Convent of Regina Parcis that has been providing necessary training to domestic workers in Mumbai and Delhi.


REFERENCES:
Alternative Survey Group (1995): Alternative Economic Survey, 1994-95, Delhi Science Forum, New Delhi

Gopalan Sarla (1995): Women and Employment in India, Har-Anand Publication, New Delhi

GOI (1995): Economic Survey, 1994-95, Ministry of Finance, Government of India, New Delhi

GOI (1996): Economic Survey, 1995-96, Ministry of Finance, Government of India, New Delhi

Murthy, R. K. & Nitya Rao (1997): Addressing Poverty – Indian NGOs and their capacity enhancement in the 1990s, Friedrich Ebert Stiftung, New Delhi, pp 416

Parikh, K. S. & R. Radhakrishna, edtrs. (2002): India Development Report, 2002 Orford University Press, New Delhi

Planning Commission (1993): The Report of the Expert Group on Estimation of Poverty Line, Perspective Planning Division, Government of India, New Delhi

TSL(1999): Statistical Outline of India, 1999-2000, Department of Economics and Statistics, Tata Services Limited, Mumbai

Sen, A. (1996): Economic Reforms, Employment and Poverty – Trends and Options in The Economic and Political Weekly, September 1996

UNDP (1997): Human Development Report, Oxford University Press, New York.



CASE STUDY:
The Bangalore Gruha Karnikara Sangh :

The BGKS is a union of domestic women workers in the city of Bangalore in Karanataka State. The initiative for organising the BGKS came from the Women Voice an NGO active on women issues. The Women Voice is located in Bangalore with Sister Ruth Manorma as its main functionary. The BGKS speaks on behalf of over 10 lakh domestic workers residing in about 800 slums of Bangalore.

The idea of forming union of domestic worker came up during interactions with slum dwellers by the activists of Women Voice. During such meetings it was realised that majority of women living in slums are working as domestic workers. As domestic workers they are faced with problems such as low social status, low wages, no legal status as domestic workers, long working hours, no holidays, harassment at the hands of employers as also the police, etc. It was with a view to protect and promote the interest of such workers options of organising them inform of an organisation was contemplated. The objective was to develop a condition that would help the domestic workers in securing their rights as workers as also to protect them from undue harassments at the hands of police and employers.

Thus came into being the Bangalore Gruha Karmikara Sangha – Bangalore Domestic Workers’ Union- and was registered under the Karanakata State Trade Union Act in 1986. The BGKS is probably the first trade union organised by the domestic workers. By now it has over 2000 members [drawn primarily from Ulsoor, Indiranagar and Jayamahal areas of Bangalore] who pay a monthly membership fee of Rs 0.25. The union issues an identity card to each member and provides opportunities to frequently articulate their grievances, a sense of freedom from vulnerability at the hands of employers and police, security of life and work guaranteed through union, feeling of being reckoned by the government while mobilising government welfare programme, asserting the rights in public meeting, etc. In cases of harassment by Police, union members accompany the harassed to the police station and join hands while negotiating the release.

The BGKS, with a view to strengthen its voice at the state and national levels, has secured the membership of the National Centre of Labour – an apex body of the organisations active among the informal workers. The BGKS functions through its area specific committees, which meets atleast once in a month to take stock of action taken. The activities of the BGKS could be classified under:
• Awareness building and educational activities;
• Union activities addressing the specific issues of the domestic workers;
• Mobilising social and developmental programmes;
• Networking and alliance building

To meet the challenge of hostile work environment, members are made aware of legal provisions as also of the existence of various administrative channels to seek redressals. On every Thursday, the BGKS organises grievance Cell to receive complaints from the members and assist them in legal support and fact finding. In additional it has taken steps to educate the community by addressing the issues pertaining to atrocities, caste and communal violence, sexual harassment, etc.

Networking with similar institutions with a view to strengthening the bargaining capacity of the domestic workers and other poorer sections of society is another area where BGKS is active. Being part of NCL, it has been able to mobilise the support of the vast section sections of Unorganised Sections to its struggle and campaigns. At the national level, BGKS is also part of the National Alliance of Working Women and National Dalit Working Women’s Federation. The BGKS has also developed working relationship with organisations working for construction workers, fish workers, forestry workers, migrant workers, etc.

During the same year the union submitted its first ‘Charter of Demand’ to the State Government demanding fixing of minimum wages, bonus and gratuity for domestic workers; registration of domestic workers, setting up of a welfare board, and extension of ESI and maternity benefits. As a reaction to this the Karnataka State Police Commissioner issued order asking all the domestic worker to get themselves registered with the concerned Police Stations giving their name, address and a copy of their recent photograph. According to the State Police, the registration was undertaken with a view to check the increasing cases of thefts. The BGKS, declaring the order to be derogative, organised about 16 protest meeting in various parts of the city resultantly the order was withdrawn by the government.

The BGKS organised a national convention of of domestic workers during September 1987 in Bangalore. The aim was to draw the attention of the concerned authority on the issue of exclusion of domestic workers from the provision of the Minimum Wages Act. The national convention adopted following recommendations:

i. Constitution of a regulatory or tripartite body consisting of the government, employer and employees to workout rules and regulations pertaining to domestic workers and employers such as rights and duties, responsibilities, terms and conditions, minimum ages, etc.
ii. the government should fund the tripartite body to the extent of those benefits which were not affordable by the middle class employers;
iii. the part-time domestic workers should be included as workers and the minimum wages be worked out on hourly basis.

The collective actions of the domestic workers in the following years brought fruit in 1992 when the domestic work was included in the schedule of the Minimum Wages Act. In less than a year, the government altered its decision by removing the domestic workers from the schedule of the Minimum Wages Act. Nevertheless, the struggle for inclusion of the DW in the schedule on the Minimum Wages is continuing. During 1997 the BGKS submitted another Charter of Demand asking for re-inclusion of domestic workers in the schedule of the Minimum Wages Act; constitution of a bipartite welfare board for the domestic workers, setting of a social security welfare fund; and adopting policy for exemplary punishments to erring employers/police. Again, in this regards, the BGKS submitted a detailed memorandum to the 2nd National Commission of Labour during a public hearing on 27th November 2000 at Bangalore. BGKS reiterated the demand for need based minimum wages and suggested for an hourly wages at the rate of Rs 15 per hour since most of the domestic workers are part-time workers.

The domestic workers are faced with one of the most difficult environment. In an atmosphere of neglect by the State administration, the employers are free to exploit the situation. The worst affected are the young and female workers who run the risk of being sexually exploited also. In this background the success of the BGKS has to be viewed from two angles, i.e. organisational activities focusing on workers’ rights; and programmes aimed at members’ empowerment. In the course of over fifteen years of its existence the BGKS has been endeavouring to involve members with the slum development activities to inculcate the spirit of citizenship. Alliance and networking has helped to reinforce the collective bargaining capacity and the feeling of solidarity. At the policy making level BGKS has secure representation in the state commission for Women as also on the State Minimum Wage Board.

There is still lot to be achieved, as the ground conditions faced by domestic workers have not changed much. To achieve this a unified fights on divergent and related issues is a must.

Discuss this article on the forums. (0 posts)